In response to questions concerning why almost one year ago the UCI initiated a court case against Paul Kimmage, the UCI wishes to issue the following clarification.
Mr Kimmage had made false accusations that defamed the UCI and its Presidents, and which tarnished their integrity and reputation.
Mr Kimmage is free to express and make public his opinions within the limits of the law and of the truth.
False accusations are unacceptable and unlawful and the UCI will defend itself against all such accusations as any other citizen or entity has the right to do.
The case against Mr Kimmage is limited to false accusations and does not concern other opinions of Mr Kimmage. The case is based upon the protection of the personality rights. Under the applicable Swiss law such case is directed against the person who made the defamatory statements. In this case this person is Mr Kimmage.
UCI Communication Service
The UCI wonders why it is taking USADA so long to provide its reasoned decision and case file.
Reports state that its decision has been delayed because it is continuing to gather evidence and that it has yet to complete its case file.
“The UCI had no reason to assume that a full case file did not exist but USADA’s continued failure to produce the decision is now a cause for concern,” said Mr McQuaid, UCI President.
“It is over a month since USADA sanctioned Lance Armstrong. We thought that USADA were better prepared before initiating these proceedings” said Mr McQuaid.
It seems that it would have been more useful for USADA to have used the time of the Tour de France, the Olympic Games and the Road World Championships to prepare their case in full rather than to make announcements.
It is at very least unusual that USADA would still be gathering evidence against a person after it has found that person guilty.
The UCI assumes that the reasons for any difficulty in putting the evidence together will be explained in USADA’s decision.
The UCI has requested USADA to provide its decision and case file and has learnt of the reported delays through the media and not by any official communication from USADA. The sooner UCI receives the decision and case file the sooner UCI can provide its response.
UCI Communications Services